Foye v. Patch
Massachusetts Supreme Judicial Court
Tort in two counts. The first count was for the conversion of a quantity of bricks, alleged to be the property of the plaintiff. The second count was for the conversion of a number of cords of wood also alleged to be the property of the plaintiff. The answer denied that the bricks and wood were ,the property of the plaintiff, and that the defendant had converted the same.
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Tort in two counts. The first count was for the conversion of a quantity of bricks, alleged to be the property of the plaintiff. The second count was for the conversion of a number of cords of wood also alleged to be the property of the plaintiff. The answer denied that the bricks and wood were ,the property of the plaintiff, and that the defendant had converted the same. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence, tending to prove that the bricks and wood were his property at the time of the…
1Opinion of the CourtField, J.
The evidence that the bricks were made for Charles Dustin, and that the wood was the property of Dustin, and that the defendant, Paul D. Patch, “ was the executor of Dustin, and in said capacity of executor sold the property in question for the purposes of his trust,” was plainly introduced to show that the property in the bricks and wood, at the time of the alleged conversion, was in Paul D. Patch, as said executor, and tended directly to disprove the allegation of the declaration, that the bricks and wood were the property of the plaintiff. This evidence was therefore admissible under the…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
- Lea v. LeaMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Sandler v. SilkMassachusetts Supreme Judicial Court · 1935
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Cleaveland v. Malden Savings BankMassachusetts Supreme Judicial Court · 1935
- Eastman Marble Co. v. Vermont Marble Co.Massachusetts Supreme Judicial Court · 1920
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
115 more not listed; retrieve them via the Exa API.